Erdermann Property v London Distillers (K) Limited & another (Environment and Land Appeal 2 of 2023) [2025] KEELC 3795 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you cannot raise a new claim like perjury for the first time on appeal if you never pleaded it earlier.
What this practically means
#Executive summary
#Key legal issues
#Whether a party may raise perjury as a new ground on appeal when it was never pleaded before the tribunal
No; ground (a) fails as a new ground introduced on appeal
The appellant had a duty to specifically plead perjury before NET, which had the opportunity to see and hear the witness. Following Otieno, Ragot & Company Advocates v National Bank of Kenya Limited and Kenya Hotels Limited v Oriental Commercial Bank Limited, grounds of appeal must arise from issues sufficiently pleaded and canvassed at trial. Having failed to raise it, the appellant cannot raise it at this late stage.
Whether the derivative grounds of abuse of process and full indemnity costs could stand
They fail with ground (a), being wholly dependent on it
The appellant's own submissions collapsed the grounds into one interconnected scheme, with ground (a) having a domino effect on the others. Once ground (a) was rejected as a new ground on appeal, grounds (b) and (c), which were hinged on it, necessarily failed, and the appeal was dismissed as devoid of merit.
Legal principles established
#- A new point not pleaded, canvassed or raised at trial should not be allowed to be taken on appeal unless the evidence establishes beyond reasonable doubt that the facts before the trial court, if fully investigated, would support the point
- An appellate court may only consider evidence that formed part of the record below
Court orders
#- 1.The appeal is dismissed
- 2.The judgment of NET delivered on 30/09/2020 is upheld
- 3.Each party shall bear their respective costs of the appeal
- On appeal from
- National Environmental Tribunal (NET)
- not stated
- Jurisdiction invoked
- Statutory appeal from the National Environmental Tribunal (provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Erdermann Property v London Distillers (K) Limited & another (Environment and Land Appeal 2 of 2023) [2025] KEELC 3795 (KLR)", Case Analysis (2025). not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3795/eng@2025-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.